Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - An ex parte injunction order is an exception - General rule is that injunction order be passed only after notice to defendant - It is only in rare cases where Court finds that object of granting injunction would be defeated by delay, Court can grant ex parte injunction but that..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Court to record reasons for its opinion that object of granting injunction would be defeated by delay - Requirement of recoding reasons is not a mere formality but a mandatory requirement...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Impleading L.R's of defendant who was proceeded ex parte - Court can grant exemption from necessity of substituting L.Rs of any such defendant who failed to file written statement or who having filed it but has failed to appear before Court in order to contest the suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Civil Procedure Code, 1908, Section 105, Order 9, Rule 4 -- Ex parte order - Setting aside - In case of filing an appeal against ex parte order, appellant can also challenge the other interlocutory orders passed during pendency of trial of suit...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4 -- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte order was also..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of injunction is an equitable relief - To get equitable relief a party must come to Court with clean hands and there has to be a complete disclosure of facts in the plaint - This duty is further enhanced when there is prayer for ex parte ad interim injunction...........
